Mesa Power Group LLC (USA) v. Government of Canada

The PCA acts as Registry in this arbitration, which is being conducted under the UNCITRAL Arbitration Rules (1976), pursuant to the North American Free Trade Agreement (“NAFTA”).

Case information

Name(s) of Claimant(s)	Mesa Power Group LLC (USA) (Private entity )
Name(s) of Respondent(s)	Government of Canada (State)
Names of Parties	-
Case number	2012-17
Administering institution	Permanent Court of Arbitration (PCA)
Case status	Concluded
Type of case	Investment arbitration
Subject matter or economic sector	-
Procedural rules	UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced	Multilateral treaty NAFTA
Language of Proceeding	English
Seat of Arbitration (by Country)	-
Arbitrator(s), Conciliator(s), Other Neutral(s)	Professor Gabrielle Kaufmann-Kohler (Presiding Arbitrator) The Honourable Charles N. Brower Mr. Toby Landau, QC
Representatives of the Claimant(s)	Mr. Barry Appleton APPLETON & ASSOCIATES INTERNATIONAL LAWYERS Mr. Edward Mullins ASTIGARRAGA DAVIS MULLINS & GROSSMAN
Representatives of the Respondent(s)	Ms. Sylvie Tabet Mr. Shane Spelliscy Mr. Rodney Neufeld Mr. Raahool Watchmaker Ms. Heather Squires Ms. Laurence Marquis Ms. Susanna Kam TRADE LAW BUREAU, FOREIGN AFFAIRS, TRADE AND DEVELOPMENT CANADA
Representatives of the Parties
Number of Arbitrators in case	3
Date of commencement of proceeding	2011
Date of issue of final award	24 March 2016
Length of Proceedings	Pending
Additional notes	Pursuant to Article A(2)(b) of the Notes of Interpretation of Certain Chapter 11 Provisions, adopted on 31 July 2001 by the States Parties to NAFTA, Canada, Mexico and the United States have agreed to “make available to the public in a timely manner all documents submitted to, or issued by, a Chapter Eleven tribunal”, subject to appropriate redactions. In PCA-administered arbitrations involving the Government of Canada, these documents are published on the PCA Case Repository.

Documents

Notice of Arbitration

download | 04 October 2011 | English | 146.70KB

Written submission

Witness Statement of Cole Robertson submitted on 24 April 2014 (public version)

download | 15 May 2014 | English | 113.70KB

Investor's Memorial (public version)

download | 20 November 2013 | English | 2.22MB

Respondent's Post-Hearing Submission

download | 18 December 2014 | English | 2.23MB

Investor's Post-Hearing Submission

download | 18 December 2014 | English | 2.14MB

Expert Report of Mr. Steve Dorey submitted on 28 February 2014

download | 28 February 2014 | English | 318.57KB

Expert Report of Messrs Low and Taylor submitted on 2 June 2014 (public version)

download | 15 May 2014 | English | 1.06MB

Canada’s Counter-Memorial

download | 28 February 2014 | English | 1.73MB

Expert Report of Berkeley Research Group

download | 28 February 2014 | English | 1.41MB

Respondent's Witness Statement of Richard Duffy

download | 28 February 2014 | English | 1.32MB

Respondent's Witness Statement of Rick Jennings

download | 28 February 2014 | English | 494.51KB

Respondent's Witness Statement of Shawn Cronkwright

download | 28 February 2014 | English | 570.50KB

Respondent's Witness Statement of Susan Lo

download | 28 February 2014 | English | 4.65MB

Respondent's Witness Statement of Bob Chow

download | 28 February 2014 | English | 1.22MB

Respondent's Witness Statement of Jim MacDougall

download | 28 February 2014 | English | 777.87KB

Investor's Reply Memorial dated 30 April 2014

download | 30 April 2014 | English | 3.43MB

Investor's Witness Statement of Cole Robertson

download | 28 April 2014 | English | 327.33KB

Investor's Expert Report of Seabron Adamson

download | 27 April 2014 | English | 791.68KB

Investors' Expert Report of Messrs. Taylor and Low

download | 29 April 2014 | English | 1.07MB

Investor's Expert Report of Gary Timm

download | 28 April 2014 | English | 155.77KB

Canada's Rejoinder on the Merits

download | 02 July 2014 | English | 521.56KB

Canada's Second Expert Report of Christopher John Goncalves - Berkeley Research Group

download | 27 June 2014 | English | 1.15MB

Canada's Witness Statement of Susan Lo

download | 02 July 2014 | English | 1.03MB

Submission of the Government of Mexico

download | 25 July 2014 | English | 232.45KB

Submission of the Government of the United States of America

download | 25 July 2014 | English | 633.49KB

Investor's Costs Submission

download | 03 March 2015 | English | 280.90KB

Respondent's Submission on Costs

download | 03 March 2015 | English | 174.87KB

Investor's Reply Statement of Costs

download | 26 March 2015 | English | 270.15KB

Respondent's Reply to Investor's Submission on Costs

download | 26 March 2015 | English | 3.02MB

Investor's Submission re Bilcon v. Canada Award

download | 14 May 2015 | English | 278.60KB

Respondent's Observations on the Bilcon v. Canada Award

download | 14 May 2015 | English | 1.84MB

Letter from Mexico to the Tribunal

download | 14 May 2015 | English | 167.89KB

Letter from the United States of America to the Tribunal

download | 14 May 2015 | English | 162.89KB

Letter from the Investor to the Tribunal re New Article 1128 Submissions

download | 19 May 2015 | English | 241.73KB

Second Submission of Mexico as a Non-Disputing Party

download | 12 June 2015 | English | 755.12KB

Second Submission of the United States of America as a Non-Disputing Party

download | 12 June 2015 | English | 176.77KB

Investor's Response to Second 1128 Submissions

download | 26 June 2015 | English | 439.46KB

Respondent's Response to Second 1128 Submission

download | 26 June 2015 | English | 1.90MB

Procedural Documents

Procedural Order No.3

download | 28 March 2013 | English | 151.98KB

Procedural Order No.7

download | 10 April 2014 | English | 1.33MB

Procedural Order No.6

download | 05 March 2014 | English | 466.63KB

Procedural Order No.9

download | 28 May 2014 | English | 139.85KB

Procedural Order No.1

download | 21 November 2012 | English | 141.00KB

Confidentiality Order

download | 21 November 2012 | English | 202.61KB

Procedural Order No.2

download | 18 January 2013 | English | 0.96MB

Procedural Order No.4

download | 12 July 2013 | English | 56.63KB

Procedural Order No.5

download | 23 August 2013 | English | 34.36KB

Procedural Order No.8

download | 09 May 2014 | English | 737.24KB

Procedural Order No.10

download | 24 June 2014 | English | 104.66KB

Procedural Order No.11

download | 04 July 2014 | English | 24.08KB

Procedural Order No.12

download | 18 August 2014 | English | 373.32KB

Procedural Order No.13

download | 04 September 2014 | English | 92.21KB

Procedural Order No.14

download | 03 October 2014 | English | 1.05MB

Procedural Order No.15

download | 20 October 2014 | English | 104.77KB

Procedural Order No.16

download | 10 November 2014 | English | 340.07KB

Award or other decision

Award dated 20160324

download | 24 March 2016 | English | 1.90MB

Concurring and Dissenting Opinion of The Honorable Judge Charles N. Brower dated 20160325

download | 25 March 2016 | English | 860.08KB

Corrections to the Award of 24 March 2016

download | 01 June 2016 | English | 218.83KB

Other

Notice of Intent

download | 06 July 2011 | English | 583.63KB

Notification to Non-Disputing Parties and Potential Amicus Curiae

download | 28 May 2014 | English | 611.38KB

Video

Day 1 Part 1 - Hearing Video

download | 26 October 2014 | English | filesize missing

Day 1 Part 2 - Hearing Video

download | 26 October 2014 | English | filesize missing

Day 1 Part 3 - Hearing Video

download | 26 October 2014 | English | filesize missing

Day 1 Part 4 - Hearing Video

download | 26 October 2014 | English | filesize missing

Day 2 Part 1 - Hearing Video